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R00-123RESOLUTION NO. R00-/,,,¢,~' A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE SALE OF A PORTION OF THE CITY'S UTILITY SERVICE AREA (GENERALLY KNOWN AS BILTMORE TERRACE) TO PALM BEACH COUNTY UTILITIES, TO ESTABLISH A NEW SERVICE AREA BOUNDARY BETWEEN THE CITY AND COUNTY BASED ON THAT SALE; AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY, AND AUTHORIZING EXECUTION OF AN ASSIGNMENT AND ACCEPTANCE AGREEMENT FOR WATER SERVICE WITH THE COUNTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City was approached by the County in January of 1999, to iconsider turning over to the County the responsibility for providing utility services to the Biltmore Terrace subdivision; and WHEREAS, the Biltmore Terrace subdivision is currently located outside the City limits, but is inside our utility service territory, although this subdivision has no water and sewer service in place at this time; and WHEREAS, Section 714 of Bond Resolution, No. R92-96 controls the sale, lease or other disposition of "assets forming a part of the Utility System" and it has been determined by bond counsel that the relinquishment of a portion of that service area to the County in exchange for cash would be governed by Section 714 of the Bond Resolution; and WHEREAS, the City Commission declares that such assets are not needed or serve no useful purpose in connection with the maintenance and operation of the Utility System; and WHEREAS, upon the recommendation of staff, the City Commission deems it to be in the best interests of the residents of the City to enter into an Interlocal Agreement with Palm Beach County and to execute all necessary documentation to effectuate the sale of a certain portion of the City's utility service area to Palm Beach County; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing recitals are true, correct and incorporated into this Resolution by reference. Section 2. The City Commission of the City of Boynton Beach, Florida ,oes hereby authorize the sale of a certain portion of the City's utility service area enerally known as Biltmore Terrace) to Palm Beach County Utilities, to establish a service area boundary between the City and the County based upon that sale, md to authorize the execution of an Assignment and Acceptance Agreement for ater Service with the County for the FIorberto Laguna Water Service Agreement ated July 31, 1985. Section 3. That this Resolution shall become effective immediately upon e. PASSED AND ADOPTED this ~ day of September, 2000. I ~TEST: - | [Cit~-Clerk - /Mavo( Vice - ~issioner Commissioner R2000 AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH ESTABLISHING WATER AND WASTEWATER SERVICE AREA BOUNDARY THIS AGREEMENT is made and entered into this day of $[I~ ! 6 [ql00 2000 by and between Palm Beach County, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY", and the City of Boynton Beach, a Florida municipal corporation, -hereinafter referred to as the "CITY". WITNESSETH: WHEREAS, on May 7, 1985, the COUNTY and CITY entered into an agreement, hereinafter referred to as "R-85-757", establishing a service area boundary between the water and wastewater systems of the COUNTY and CITY; and WHEREAS, the area identified as the "Potable Water and Wastewater Service Area to be Purchased by Palm Beach County", hereinafter referred to as "Service Area 'A' ", in Exhibit "A", which is attached hereto and incorporated herein, is currently within the boundaries of the CITY's water and wastewater service area; and WHEREAS, the CITY is not currently providing potable water, reclaimed water or wastewater service to Service Area A , and WHEREAS, the COUNTY wishes to provide potable water, reclaimed water and wastewater service to Service Area ..... A , and and WHEREAS, the COUNTY and CITY have adjoining water and wastewater service areas; WHEREAS, it is ~utUally beneficial for the COUNTY and CITY to plan and coordinate the provision of potable water, reclaimed water and wastewater within their respective service areas so as not to duplicate capital investments; and WHEREAS, the COUNTY and CITY desire to modify the service area boundary between ,the COUNTY and C1TY's potable water, reclaimed water and wastewater service areas to permit the COUNTY to serve Service Area "A" and to re-establish the service area boundary provided for in R-85-757. NOW THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, the parties agree as follows: 1. Recitals The recitals set forth aboyg('are true and correct and form a part of this Agreement. 2. Establishment of Service Area Boundary A. The CITY agrees that the COUNTY shall have the right to provide potable water, reclaimed water and wastewater service to Service Area "A". The CITY agrees that it will not provide potable water, reclaimed water or wastewater service to Service Area "A". The COUNTY agrees to pay a total amount of $1,137,807.00 to the CITY within thirty (30) days of the effective date of this Agreement for the right to provide potable water, reclaimed water and wastewater service to Service Area "A" to the exclusion of the CITY. B. The service area boundary between the COUNTY and CITY for the provision of potable water, reclaimed water and wastewater service is hereby established by the legal description set forth in Exhibit "C", which is attached hereto and incorporated herein. The service area boundary is further illustrated in the service area boundary map, which is attached hereto and incorporated herein as Exhibit "B'. In the event there is a disparity between Exhibits "B" and "C", the legal description set forth in Exhibit "C" shall control. The COUNTY shall have the right to provide potable water, reclaimed water and wastewater service to the area identified in Exhibit "B" as the "Palm Beach County Utility Service Area" and the CITY shall have the right to provide potable water, reclaimed water and wastewater service to the area identified in Exhibit "B" as the "City of Boynton Beach Utility Service Area". The COUNTY and CITY agree that neither party shall provide potable water, reclaimed water or wastewater service to locations within the boundaries of the other party's service area. The CITY acknowledges and agrees that Service Area "A" shall be within the boundaries of the COUNTY's service area upon the effective date of this Agreement. C. The COUNTY and CITY agree that this Agreement shall not cause interference with or result in the transfer of ownership of existing potable water, reclaimed water or wastewater facilities or infrastructure, well fields, or easements of either party except as specifically provided for in this Agreement. The COUNTY and CITY agree that both parties may operate, construct, repair, relocate, and maintain potable water, reclaimed water and wastewater facilities and infrastructure within the boundaries of the other party's service area for the purpose of providing potable water, reclaimed water or wastewater service to their respective service areas. D. This Agreement shall not be construed as impairing the CITY's right to annex property located within the boundaries of the COUNTY's service area. In the event the CITY annexes property located within the boundaries of the COUNTY's service area, the CITY and COUNTY agree that the rights of the parties under this Agreement shall not be affected by such annexation. 3. Applicable Law Any litigation arising from or relating to this Agreement shall be governed by the laws of the State of Florida and venue in any such proceeding shall be exclusively in Palm Beach County, Florida. 2 4. Severability In the event that any section, paragraph, sentence, clause, or provision of this Agreement is held to be invalid by a court of competent jurisdiction, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. 5. Enforcement Costs Any costs or expenses, including reasonable attorney's fees, associated with the enforcement of the terms or conditions of this Agreement shall be borne by the respective parties. 6. Entirety of Agreement This Agreement represents the entire understanding between the parties, and supersedes all other negotiations, representations, or agreement, either written or oral, with respect to matters contained herein. 7. Successors in Interest This Agreement shall be binding upon and shall inure to the benefit of the COUNTY and the CITY and their assigns and successors by merger, consolidation, conveyance or otherwise. 8. Counterparts This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original. All of which together shall constitute one (I) and the same instrument. 9. Filing A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County, Florida. 10. Modification of Agreement No additions, alterations, or variations from the terms of this Agreement shall be valid, nor can the provisions of this Agreement be waived by either party, unless such addition, alteration, variation or waiver is expressed in writing and signed by the parties hereto. 11. Termination of Prior Agreement The COUNTY and CITY agree that R-85-757 shall terminate upon the effective date of this Agreement and the service area boundary set forth in Exhibits "B" and "C" shall apply. 12. Captions The captions and section designations set forth herein are for convenience only and shall have no substantive meaning. 13. Effective Date The provisions of this Agreement shall beCome effective upon execution of this Agreement by the CITY and COUNTY. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. ATTEST: ~.,..-,-_,,,.,,,,,,. PALM BEACH COUNTY, FLORIDA BY I}.ORO_T/~IYE. XVIL~'fi~% BY ITS BOARDJ0F COUNTY COMMISSIONERS B · . ' ~ By: SF.P !62000 ~./DeputyCle~2..../:/.Of~,O~, ]_O, Ch'? Ti~oM~ttairWan'~Newell ~ - -'- --~ .... ~?A... -'"- - ..-k~_~ ',,.- - 2000 15 APPROVED AS TO LEGAL SUFFICIENCY County Attorney: ~i, Clerk .... CITY OF BOYNTON BEACH / Mayor/ APPROVED AS TO FORM AND LEGAL SUFFICIENCY City Attorney G:~COMMON'~A'rI'Y~WI~ATAWaNVIR~LB F. EB L~more.ag~. wpd 4 · 0 ~ ~ ~y I~A/.,~ ~0~ 0001q'1~ L-16 Yom/ OF BEACH COUNTY WATER WASTEWA~ AREA 67 N,T.~. XO 84PLS POTA~ ~AT~R · ~A~I'~AT~It ~ AitEA P~U~I ~ COt~TY WATER · WA~ATE~t ~ AJ~.A PAlM B~AOI~ OOUN'I~ & ~ OIF BOTN'I~N B~,A~'~ OF LAKE CLARK SH( I-rfPOLUXO N,T~, - B 'H COUNTY ;t CITY OF DELRAY SERVICE AREA THENCE WESTERLY APPROXIMATELY 2,600 FEET ALONG THE SOUTH R.O.W.LINE OF SAID LWDD L-21 CANAL TO A POINT OF INTERSECTION WITH THE SOUTH R.O.W. LINE OF SAID LWDD L-21 CANAL Al*ID THE EAST R.O.W. LINE OF SAID LWDD E-3 CANAL THENCE SOUTHERLY APPROXIMATELY 23,690 FEET ALONG THE EAST R.O.W. LINE OF SAID LWDD E-3 CANAL TO A POINT OF INTERSECTION OF THE EAST R.O.W. LINE OF SAID LWDD E-3 CANAL AND THE NORTH R.O.W. LINE OF THE, SAID LWDD L-30 CANAL. THENCE EASTERLY APPROXIMATELY 2,700 FEET ALONG THE NORTH R.O.W. LINE OF SAID LWDD L-30 CANAL TO THE P.O.T AT THE INTERSECTION OF THE NORTH R.O.W. LINE OF THE SAID LWDD L-30 CANAL AND THE EAST R.O.W. LINE OF SAID MILITARY TRAIL EXHIBIT "C" LEGAL DESCRIPTION WATER AND WASTEWATER UTILITY SERVICE AREA BOUNDARY BETWEEN PALM BEACH COUNTY & CITY OF BOYNTON BEACH P.O.C. - COMMENCE AT N.E. CORNER OF SECTION 12, TOWNSHIP 45S, RANGE 42E (IN INTERSECTION OF HYPOLUXO ROAD & LAWRENCE ROAD) THENCE WESTERLY ALONG THE NORTH SECTION LINE OF SAID SECTION 12, TOWNSHIP 45S, RANGE 42E A DISTANCE OF 660 FEET THENCE SOUTHERLY TO THE P.O.B. AT THE CENTERLINE OF HYPOLUXO ROAD COMMENCING AT THE P.O.B. THENCE WESTERLY APPROXIMATELY 7,200 FEET ALONG THE CENTERLINE OF HYPOLUXO ROAD TO A POINT OF INTERSECTION OF THE CENTERLINE OF HYPOLUXO ROAD AND THE EAST R.O.W. LINE OF THE LWDD E-3 CANAL THENCE SOUTHERLY APPROXIMATELY 2,650 FEET ALONG THE EAST R.O.W. LINE OF SAID LWDD E-3 CANAL TO A POINT OF INTERSECTION OF THE EAST R.O.W. LINE OF SAID LWDD E-3 CANAL AND THE NORTH R.O.W. LINE OF THE LWDD L-19 CANAL THENCE EASTERLY APPROXIMATELY 5,150 FEET ALONG THE NORTH R.O.W. OF SAID LWDD L-19 CANAL TO A POINT OF INTERSECTION OF THE NORTH R.O.W. OF SAID LWDD L-19 CANAL AND THE CENTERLINE OF SAID MILITARY TRAIL (SR 809) THENCE SOUTHERLY AND SOUTHWESTERLY APPROXIMATELY 4,480 FEET ALONG THE CENTERLINE OF SAID MILITARY TRAIL (SR 809) TO A POINT OF INTERSECTION OF THE EASTERLY PROJECTION OF THE SOUTH BOUNDRY LINE OF LE CHALET SHOPPING CENTER, TR 'B' REPLAT, P.C.D. (77-151,152) AND THE CENTERLINE OF SAID MILITARY TRAIL (SR 809) THENCE WESTERLY APPROXIMATELY 1,000 FEET ALONG THE SOUTH BOUNDARY LINE OF LeCHALET SHOPPING CENTER, TR. 'B' REPLAT, P.C.D. (77 - 151, I52) TO THE POINT OF INTERSECTION WITH THE EAST R.O.W. LINE OF HAVERHILL ROAD THENCE SOUTHERLY APPROXIMATELY 1,290 FEET ALONG THE EAST R.O.W. LINE OF SAID HAVERHILL ROAD TO THE POINT OF INTERSECTION OF THE EAST R.O.W. LINE OF SAID HAVERHILL ROAD AND THE WEST R.O.W. LINE OF SAID MILITARY TRAIL THENCE SOUTHERLY APPROXIMATELY 220 FEET ALONG THE WEST R.O.W. LINE OF SAID MILITARY TRAIL TO A POINT OF INTERSECTION OF THE SOUTH R.O.W. LINE OF LWDD L-21 CANAL AND THE WEST R.O.W. LINE OF SAID MILITARY TRAIL R2000 ASSt'GNMENT AND ACCEPTANCE AGREEMENT FOR WATER SERVICE This Assignment and Acceptance Agreement made this day of $£P Z !~ l~lll, 2000 between Palm Beach County, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY", and City of Boynton Beach, a Florida Municipal Corporation, hereinafter referred to as the "CITY", and Alan Murray Nursery Inc., hereinafter referred to as "CUSTOMER". WHEREAS, on .July 31, 1985 the CUSTOMER's predecessor in interest, Roriberto Laguna, entered into an agreement (hereinafter described as "Water Service Agreement'~ with the CITY to provide water service to a certain property (hereinafter described as "The Property~ situated outside the C['fY. The property is more specifically described in Exhibit ~A~ and attached hereto and incorporated herein; and WHEREAS, as a consideration for receiving water service from the cTrf, the predecessor in interest agreed that the execution of the 1985 Water Service Agreement would be a voluntary petition for annexation into the CITY pursuant to applicable Flodda Statutes; and WHEREAS, the Water Service Agreement and 'the covenant for annexation is intended to and is made a covenant running with land and provides that all subsequent transferees, grantees, heirs, or assigns or successors of the predecessor in interest shall be bound by the annexation covenant; and WHEREAS, the COUNTY and the C1TY have adjoining water and wastewater service areas; and WHEREAS, in May 1985, the COUNTY and the City entered into an agreement, establishing a service area boundary between the water and wastewater systems of the COUNTY and CITY; and WHEREAS, the COUNTY and CITY presently desire to modify the 1985 service area boundary agreement between the COUNTY and the CITY to permit the COUNTY to purchase and service some area (hereinafter described as "Service Area'~ from the cI-rY. The service area is more specifically described in Exhibit "B" and attached hereto and incorporated herein; and WHEREAS the property as described in Exhibit "A' is located within the service area (Exhibit "B"), both currently under the CITY's general water service jurisdiction; and WHEREAS, the CRY is desirous of modifying the 1985 service area boundary agreement to permit the COUNTY to purchase and service the service area, while at the same Ume retaining its legal rights under its Water Service Agreement with predecessor in interest for voluntary annexation; and WHEREAS, the COUNTY shall have the right to provide water service to the property in accordance with its uniform policies and procedures manual and applicable County ordinances following modificaUon of the 1985 Service Area Agreement. NOW, THEREFORE, for and in consideration of the premises and conditions contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows. 1. The foregoing whereas dauses are hereby ratified and confirmed as being true and incorporated herein by this reference. 2. The CITY's right of annexaUon of the property as set out in the Water Service' Agreement shall survive the sale of service area to the COUNTY and the prOperty shall be subject to annexation at the option of the'CITY at any time that it is eligible under: applicable annexaUon law. 3. This agreement shall be binding on, and shall inure to the benefit of the heirs, legal and personal representative, successors and assigns of the parties hereto. 4. ' Upon execuMon of this Agreement, CITY shall record same in the public Record of Palm Beach County, Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized representatives on the date first above written. A'I'FEST ~ ~4~ o,v ~ OF · : APPROVED ~ TO ~RM AND LE~ SUFR~EN~ ~. '%mm ~,~*~' . WTI'NESSES: Print Name Print Name t S:ca/agmts/assign and accept agmt I, Flu=ibc=co La&uae{ hereby appoint Buell C. Rollins ' as' my Agen~ to act a~d speak and to.negotiate and deliver all . ~ecessary. i. nsttumeats on my behalf in any and ~i1 ma~ters per:stain&'~ to ~he rezoninE of the real property known as PERSZAN GA~D£b~S and leBally ~es~i~ed aa. Commencing at a point i~'the'gest line Section 12, Tovnsip.~ South,Range 42 East · 90&.25 £eet ~o=th of the SeutB~est.coreer Stc~5~otrl2;. thence ~ia aw Ea$~y direction a~ an an~le o~ 90. d~rees a distain of approximately 653 feet, to a po~nt; thence in a to ~ point on the south line of said Section ~h~ia t d~s:~ce: ei. &53.16 [set East o[ the Southwest corner of Section 12, :hence ~esterly aloe& the South line of said description bein& :he South 90&.2I fee: of the pre, sas that ~ere Conveyed by Flor-Eyan, Inc. to ~e!soa A. Ho=ton .and ~elen ~. · ~'fe, by Oecd dated June 27th 1963, and filed . A~s:..~ 1~63 ~ the Official Records Book 911 a~ ~&e 13, In ~he Public Records e[ Pals -' Beach County, Florida; lees the On'ced th~s-3~st-day.o~-~ut~.- 1985 at Miami, 'Florida ' FLORIB£RTO LACONA /' ON THIS 31et day of JUly in the .year 198~ ,9mrsonmlXy appeared before me, the undersiSned Flu~.il~--eo- ~aBun&~ tn-' me- well kno~, and .acknowl~Bed that he' ~ecut%d this Agreemeu~' for A&e~cy for ~he ~n:eu:~. and purposes s~a.[ed therein,_. _ / ' ' State o~ ~o~ ~e ~ma~. 10. 199 RECORD VERiFIeD ;~ALM 8EAC'H COUNTY. FLA JOHN 8. DUNKLE CLERK CIRCL/IT COURT BOYNTON BEACH ,. TOTRL P. ~